The Committee on the Treasury brought in a report; Whereupon, 

Ordered, That sixteen thousand dollars be paid to the Marine Committee, to enable them to make a partial payment to William Smith,¹ Esq^r. for iron and flour purchased by him for the use of the navy in the eastern department; for which they are to be accountable: 

Sundry resolutions being moved, relative to the mode of trying naval officers, Congress took the same into consideration; Whereupon, 

Resolved, That when any ship or vessel of war in the service of the United States shall be lost by capture or otherwise, a court of enquiry, consisting of that continental navy board which shall by the Marine Committee of Congress be directed to proceed therein, or any three persons that such navy board may appoint, be held to enquire into the cause of such loss; and if it shall appear that the same was occasioned by the negligence or mal-conduct of the captain or any other commissioned officer belonging to the ship or vessel of war so lost, that then a court martial be held for the trial of the officer so offending, to consist of such officers, if conveniently to be collected, as by the rules and regulations of the navy constitute a court martial, otherwise of five such persons, as the said navy board shall for that purpose appoint; and if such loss should be by capture, and it shall appear on trial that the same was occasioned by the cowardice or treachery of the commanding officer, then and in that case such commanding officer shall suffer death; and if the loss, whether by capture or otherwise, should be occasioned by any other mal-conduct, such commanding officer shall be by such court martial cashiered. 

Resolved, That when two or more ships or vessels of war in the service of these states are in company, and any or either of them shall be lost by capture or otherwise, a court of enquiry, so constituted as aforesaid, shall be held to enquire into the causes thereof; and if it should appear that such loss was occasioned by the mal-conduct or negligence of any captain or commanding officer of any other ship or vessel in company as aforesaid, then a court martial, constituted as before-mentioned, shall be held for the trial of the officer so offending; and if the loss should be by capture, and it should appear on trial that such capture was occasioned by the cowardice or treachery of such captain or commanding officer by withholding his assistance from the ship or vessel of war so captured, then and in that case such captain or commanding officer shall suffer death; but if it shall appear that the loss happened through any other mal-conduct of such captain or commanding officer, then he shall be by such court martial cashiered. 

Resolved, That if, upon enquiry as aforesaid into the conduct of any officer or officers in the service of these states, it shall appear that they or any of them shall have offended in any instance mentioned in these resolutions, it shall be in the power of the navy board to suspend such officer or officers until a trial by court martial shall be had, and the navy board shall forthwith transmit to the Marine Committee the proceedings of such court of enquiry, with their doings in consequence thereof; and to Congress all the proceedings of court martials, when any shall be had, previous to the execution of any capital sentence, that shall be by such court martial awarded; to the end that Congress may extend their mercy to such offenders as they may judge to be proper objects thereof. 

Resolved, That these resolves continue in force one year from the date hereof, and no longer.